Service of Documents

 

The SOP Act makes specific provisions for service of documents, as follows:

50 Service of documents
(1) A document that by or under this Act is authorised or required to be served on, given to or lodged with a person may be served on, given to or lodged with the person—

(a) in the manner (if any) required by the construction contract if it is reasonably practicable to do so; or

(b) in any other case—

(i) by personally delivering the document to the person; or

(ii) by leaving the document for the person at the person’s ordinary place of business; or

(iii) by sending the document by post addressed to the person to the person’s ordinary place of business; or

(iv) in any other manner instructed by the person as being an acceptable manner for the service, giving or lodging of the document; or

(v) in the prescribed manner.

(2) The time at which a document is taken to have been served on, given to or lodged with a person under subsection (1) is taken to be—

(a) in the case of delivery in person—

(i) at the time at which the document is delivered to the person; or
(ii) if the person refuses to accept the document, when the document is put down in the person’s presence and the person is informed of the nature of the document; or

(b) in the case of a document left for the person at the person’s ordinary place of business, when the document is left at the place of business with a person who appears to be employed by the business; or

(c) in the case of a document that is posted—

(i) 7 business days after the day on which the document is posted; or
(ii) if the document is delivered to the person on an earlier day, on that day; or

(d) in the case of a prescribed manner for the serving, giving or lodgement of a document, at the prescribed time.

Note
A document that is sent to a person by email or any other form of electronic communication is taken to be served on a person at the time the email or other form of electronic communication is received by the person. See section 13A of the Electronic Transactions (Victoria) Act 2000.

(3) A document served on, given to or lodged with an agent of a person in accordance with this section is taken to have been served on, given to, or lodged with the person